Somerville, MA Privacy & Surveillance: Facial Recognition Ban (2026)
Key Facts
- Adopted
- Ord. No. 2019-16, effective 6/27/2019
- Covered entities
- Every city dept., official, contractor, vendor
- Remedy
- Suppression of unlawfully obtained data
- Legal action
- Injunctive/declaratory relief or writ of mandamus
- State/federal rights
- Not limited by this ordinance
Summary
Somerville makes it unlawful for any city department, agency, or official to obtain, retain, access, or use a face surveillance system, or any data derived from one, under Sec. 9-25 of the Code of Ordinances, adopted in June 2019.
Ban on government use of face surveillance. It shall be unlawful for Somerville or any Somerville official to obtain, retain, access, or use: (1) Any face surveillance system; or (2) Any information obtained from a face surveillance system. ... Suppression. No data collected or derived from any use of face surveillance in violation of this ordinance and no evidence derived therefrom may be received in evidence in any proceeding in or before any department, officer, agency, regulatory body, legislative committee, or other authority subject to the jurisdiction of the City of Somerville.
Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: Zoning Ordinances: Revision - CodeBank PDF Post).
Full Breakdown
Sec. 9-25(b) flatly bars 'Somerville or any Somerville official' from obtaining, retaining, accessing, or using any face surveillance system or any information derived from one. 'Somerville' is defined to mean any department, agency, bureau, or subordinate division of the city, and 'Somerville official' covers any officer, employee, agent, contractor, subcontractor, or vendor acting on the city's behalf (Sec. 9-25(a)). 'Face surveillance' means an automated or semi-automated process assisting in identifying or verifying a person from the physical characteristics of the person's face, and a 'face surveillance system' is any software or application performing that function.
The ban was adopted by Ord. No. 2019-16 on June 27, 2019, making Somerville one of the first Massachusetts cities to bar its own police department and other agencies from using facial recognition tools. The ordinance builds in a suppression remedy: data collected or derived from a violation, and evidence derived from it, cannot be received in evidence before any city department, officer, agency, regulatory body, legislative committee, or other authority under the city's jurisdiction (Sec. 9-25(c)(1)). Nothing in the ordinance limits rights that residents already hold under state or federal law (Sec.
9-25(c)(4)). The ban applies citywide to every department and to any contractor or vendor working on the city's behalf, not just the police department, so a private vendor supplying facial recognition data to a city agency is equally covered.
Violations & Fines
Any violation gives rise to a private cause of action: a person may seek injunctive relief, declaratory relief, or a writ of mandamus in any court of competent jurisdiction, naming the city and, if necessary, any other government agency holding the unlawfully obtained data (Sec. 9-25(c)(2)). The city also addresses alleged violations through its usual practices and any applicable contractual obligations (Sec. 9-25(c)(3)).
Frequently Asked Questions
Can Somerville police use facial recognition software?
Does the ban cover outside vendors working with the city?
What happens if the city uses facial recognition data anyway?
Sources & Official References
Other rules in Somerville
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Facial Recognition Ban in Nearby Cities
How other cities in this county handle facial recognition ban.